Code of Federal Regulations (CFR):
• 8 CFR § 214.2(f) (F-1 students) and § 214.2(m) (M-1 students) – The core regulatory provisions governing student eligibility, enrollment, authorized activities, reinstatement, and termination. o § 214.2(f)(5) – Defines “duration of status” (D/S) and the obligation to maintain continuous full-time enrollment. o § 214.2(f)(6) – Requires full course of study and outlines conditions for authorized reduced course loads (RCLs). o § 214.2(f)(8) – Describes school transfer procedures and grace periods upon program completion or withdrawal. o § 214.2(f)(10)-(12) – Outlines Optional Practical Training (OPT) eligibility, STEM extensions, and reporting requirements. o § 214.2(f)(16) – Establishes criteria and procedures for reinstatement following a status violation, including time limits, good faith requirements, and discretionary factors. o 8 CFR § 214.1(f) – Applies inadmissibility grounds and terrorism-related bars to F and M categories in certain contexts.
KEY CASE LAW
o Kleindienst v. Mandel, 408 U.S. 753 (1972): Landmark decision affirming the limited judicial review available in visa issuance and revocation decisions made by the executive branch. o Zadvydas v. Davis, 533 U.S. 678 (2001): Reaffirmed that even noncitizens unlawfully present in the U.S. are entitled to basic due process protections under the Constitution. o Reno v. Flores, 507 U.S. 292 (1993): Upheld the government's authority over immigration detention procedures, while recognizing due process limits. o Jiang v. Gonzales, 485 F.3d 992 (7th Cir. 2007): Clarified evidentiary standards in student reinstatement cases and emphasized the need for clear proof of compliance and intent. o Almaqrami v. Pompeo, 933 F.3d 774 (D.C. Cir. 2019): Held that consular decisions may be subject to limited judicial review when constitutional or statutory violations are plausibly alleged.
FINAL RECAP
F and M student visa status is increasingly vulnerable to both administrative and discretionary actions by SEVP, USCIS, the Department of State, and other government agencies. While many international students rely on SEVIS notifications as their primary compliance indicator, SEVIS is only one part of a broader and more complex immigration enforcement framework.
Academic institutions and DSOs must remain vigilant in monitoring student records, correcting data errors, and advising students before minor violations escalate into full SEVIS terminations or
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